The Spanish Democratic Memory Law: Time is Running Out - Regain Your Family's Lost Spanish Citizenship

The Democratic Memory Law (Ley de Memoria Democrática) of Spain was enacted on October 19, 2022. It was published in the Boletín Oficial del Estado (BOE) as Law 20/2022 on October 20, 2022, and came into effect the following day.  The law was designed to remedy past injustices and enable the descendants of Spanish parents and grandparents who were exiled under Franco’s fascist dictatorship to re-gain their Spanish citizenship through an application under the new law. 

Below is a guide to as to who can make an application and how to achieve Spanish citizenship under this law.   

As previously mentioned The Democratic Memory Law has been published to redress the damages caused by the 1936 coup d'état and the subsequent Fascist regime.   The law grants the right to acquire Spanish nationality to certain descendants of Spanish citizens and former Spanish citizens who were affected by Franco’s regime.

Andreu Marin, a senior associate in the Barcelona office commented “The original deadline for an application was extended due to high demand.  An application can still be made but time is running short, the option is available up until 21 October 2025. However, in light of the unexpectedly high numbers of people seeking the restoration of their Spanish heritage and the fact that verification of the validity of the application can frequently be time consuming for the authorities, it is recommended that no time should be lost before making an application.” Andreu further pointed out “Provision has been made by the Ministry of the Presidency, Justice and Parliamentary Relation for the implementation of online appointments which enables applicants to receive acknowledgment confirming appointments within the time frame even when the actual appointment for occurs at a later date.”

Who is able to Apply for Spanish Citizenship?

• Descendants of Spaniards driven into exile under the Franco dictatorship. The possible reasons for exile include political, ideological, religious beliefs, or sexual orientation or identity.
  • Such as Grandchildren and children and also children of those people who left Spain and claimed political asylum or refugee status.
• Children of Spanish Women married to a foreign national before 1978 who subsequently lost their nationality.
• Your father or mother acquired Spanish nationality based on the temporary provisions of the Historical Memory Law of 2007 and this new Democratic Memory Law. This grants nationality to those who were already of legal age when their father or mother acquired Spanish nationality under the 2007 Law.  Previously, these individuals could not apply for Spanish nationality based on their parents' newly acquired nationality, as they were no longer under parental authority.
• You were born outside Spain to a mother who lost her Spanish nationality by marrying a foreign national before the Spanish Constitution of 1978 came into effect.

Additionally, the nationality obtained under the provisions of this new law will be categorised as original. Therefore, those who have previously obtained nationality classified as derivative may request a reclassification to original nationality if they meet the conditions stipulated in this new law.

Documentation Required to support an Application

Any application should must be accompanied by documents that prove the applicant’s the right to acquire nationality under the Democratic Memory Law. The documents required will depend on which of the three provisions, outlined above, applies to you. However, there are certain documents must be submitted by all applicants seeking nationality under this law. These include the applicants’ identity documents, birth certificate, and proof of residence within the consular jurisdiction.

Descendants of Exiles

You must be able to demonstrate that your father, mother, grandfather, or grandmother were forced to go into exile from Spain. You must also submit the birth certificate of this ancestor and if the ancestor is your grandfather or grandmother, you must also provide the birth certificate of your corresponding parent. Additionally, you must present the birth certificate of the parent who does not belong to the Spanish lineage, as well as your parents' marriage certificate.

It will be presumed that your ancestor went into exile from Spain if you can prove, through a passport, census records, or other documents, that they left Spain between 1936 and 1955. In such cases, no specific proof of exile will be required. Otherwise, you must provide official documentation verifying this situation, such as certification of the right to receive a compensatory pension for exile, documents from the UN Refugee Agency, or reports from private and public entities recognised by the Spanish authorities.

Your Mother lost her Citizenship due to Marriage to a Foreign National

You must present specific documents to demonstrate that your mother lost her nationality due to marriage. These documents include her original birth certificate and her marriage certificate to a foreign national before 1978. Furthermore, if the marriage took place between 1954 and 1978, you must provide evidence of the husband's nationality acquisition and present the law of the husband's country in force at the time of marriage.

Acquisition of Spanish Citizenship through Historical Memory Law

The original birth certificate of the parent who obtained Spanish nationality under the 2007 Historical Memory Law must be submitted

 It is strongly urged that an individual considering an application should start preparing the application as soon as possible in case there are any unforeseen difficulties.   Assembling the necessary documentation to support an application is not always straightforward and often involves long waiting periods with public administration. Furthermore, all consulates have the authority to request additional information or documents once they have reviewed the application.

Andreu Marin is a senior associate in the Barcelona office. He attended Pompeu Fabra University and graduated in law having completed the Legal Practice course at the University of Barcelona. He focused his career in the fields of immigration and criminal law. Andreu has extensive experience in immigration matters, from obtaining visas (non-lucrative, Golden Visa, student or Schengen visas) to applications for EU family members, deportations and Spanish citizenship.

He has also successfully acted in a wide range of criminal proceedings, assisting foreign nationals with extraditions, EAW (European arrest warrant) and at hearings with defendants, amongst other matters.

Andreu is well-regarded by his clients for his comprehensive understanding of their needs and objectives which enables him to advise them and provide the best legal solution to their problems. He is able to create a strategy for his clients to achieve their objectives that can be adapted when necessary to meet other issues that may arise.

Andreu has successfully obtained non-lucrative visas for all the British clients he has assisted through the consulates in London, Manchester and Edinburgh.

If you would like more information on how to apply for a Spanish Democratic  Memory Visa whilst there is still the opportunity to do so. Please click here